General terms and conditions of business

General

These terms and conditions of sale are part of all offers and contracts for the delivery of goods from the seller in both current and future business relationships. By placing orders, the customer declares his agreement to our general terms and conditions.

We do not recognize any terms and conditions of the purchaser that conflict with or deviate from our terms and conditions of sale unless we have expressly agreed to their validity in writing.

Agreements that are made orally require our written confirmation to be effective.

We reserve ownership rights and copyrights to all documents provided to the customer in connection with the placing of the order, such as calculations, drawings, photos, etc. These documents may not be made accessible to third parties unless we give the customer our express written consent to do so.

When a new price list appears, all previous price lists and the associated prices become invalid - prices are subject to change. We assume no liability for any printing errors or mistakes. Samples, illustrations, weight, dimensions and color information are only approximate unless they are expressly designated as binding. Technical or design changes and delivery options are reserved. Reprinting of catalogs and data sheets, even in extracts, only with the written permission of bpe:LICHT GmbH & Co KG. Furthermore, no liability is assumed for conflicting intellectual property rights of third parties that could be violated through the use of the delivered product.

Otherwise, the ZVEI “General Terms and Conditions of Delivery” apply to products and services from the electrical industry.

The German version of the Terms and Conditions is authoritative and takes precedence over any translations.

In accordance with §33BDSG, we would like to point out that all customer and supplier-related data is stored and processed by us using electronic data processing.

Conclusion of contract / prices / delivery and payment conditions

Our offers are subject to change and are subject to prior sale. The delivery dates listed on orders or order confirmations are non-binding. Agreed dates are only binding if they have been expressly confirmed in writing as a fixed date. If the order is executed immediately, the goods invoice or delivery note is considered an order confirmation.

Modifications of orders and cancellations must be made in writing form.

For custom-made products, we are permitted to deliver excess or short deliveries of up to 10% of the ordered quantity - returns and cancellation of the order confirmation are excluded.

Prices are ex warehouse Arnsberg plus VAT. VAT Cost estimates are non-binding unless the contrary is expressly agreed in writing. Offer prices only apply if the entire product or quantity offered is purchased.

For all items that fall under the Waste Disposal Act, we charge the corresponding flat-rate disposal fee.

The agreed delivery and delivery times apply. Payment terms. In the event of late payment, the usual bank interest rates will be charged.

Partial deliveries that are reasonable for the purchaser are permitted.

Delivery takes place at the risk of the purchaser; We do not cover transport insurance.

We charge a flat rate freight charge of 4% on all deliveries. 10. We are not responsible for delays in delivery and performance due to force majeure and events that were unforeseeable to us and for which we are not responsible and which make delivery or performance significantly more difficult or impossible for us, even if deadlines and dates have been agreed upon in a binding manner. You entitle us to postpone the delivery or service for the duration of the hindrance plus a reasonable start-up time. If the hindrance lasts longer than three months, the customer is entitled to withdraw from the contract after setting a reasonable grace period. In this case, claims for damages by the customer are excluded.

Orders with a net value of €25.00 can only be processed against a processing fee of €5.00.
If the customer defaults on acceptance or culpably violates other obligations to cooperate, the risk passes to the customer from the day the goods are ready for dispatch and we are entitled to demand compensation for any damage we incur, including any additional expenses. Further claims remain reserved.

Retention of title

We reserve ownership of the delivered item until all claims arising from the delivery contract have been paid in full. This also applies to all future deliveries, even if we do not always expressly refer to this. We are entitled to take back the purchased item if the purchaser behaves in breach of contract. The purchaser is obliged to treat the purchased item with care. If the purchased item is mixed, combined or processed, we acquire co-ownership of the new item in the amount of the purchase price including VAT. At the same time, if the item is resold to third parties, the buyer of the item assigns to us the purchase price claim in the amount of the open purchase price including VAT

Returns of goods / complaints / warranty / limitation of liability

The purchaser's warranty rights require that he has properly fulfilled his obligations to inspect and give notice of defects in accordance with Section 377 of the German Commercial Code (HGB). This also applies to installation and further processing of the goods in advance. Our goods are packaged in such a way that they correspond to the usual processing of postal services, parcel services, shipping companies or railways. If the goods arrive defective or the number of items does not match the delivery note, you must report this to us within 4 days of receipt. Obvious transport damage must be reported to the carrier immediately upon receipt.

Complaints can only be considered within 8 days of delivery. The returned goods may only be returned after prior consultation. Shipments without freight prepaid will not be accepted! Special orders cannot be returned.

Deadline is sufficient for the timely dispatch. The purchaser bears the full burden of proof for all claims requirements, in particular for the defect itself, for the time at which the defect was discovered and for the timeliness of the complaint.

We initially provide warranty for defects in the goods, at our discretion, through repair, replacement delivery or credit. If defects are rectified, we will only bear the expense up to the amount of our sales price.

The warranty period is one year after delivery of the goods we have delivered to our customer.

However, in the event of only minor non-conformity with the contract, in particular in the case of only minor defects, the purchaser does not have the right to withdraw from the contract. If there is a defect for which we are responsible, we are entitled to supplementary performance by, at our discretion, eliminating the defect or delivering a defect-free item.

If the customer chooses compensation after subsequent fulfillment has failed, the goods will remain with the customer if this is reasonable for him. The compensation is limited to the difference between the purchase price and the value of the defective item. This does not apply if we caused the breach of contract fraudulently.

The following processing fee will be charged for agreed returns:

• Original and undamaged packaging: 10% of the net value of the goods
• Original packaging with damaged packaging: 20% of the net value of the goods

If the inspection reveals that there are manufacturing or material defects, a replacement or a credit will be issued at our discretion. We reserve the right to make improvements.

If the inspection of the complained about goods shows beyond doubt that the buyer was at fault, we reserve the right to claim the inspection and processing costs incurred. If “ready-to-connect” products are technically modified, all claims expire.

In principle, only the product description is deemed to be agreed as to the quality of the goods. Public statements, praise or advertising do not constitute a contractual indication of the quality of the goods. By providing samples before or on the occasion of the conclusion of the contract, no “purchase by sample” is agreed, which means that they are merely illustrative samples that indicate the approximate character of the goods show.

The customer does not receive any guarantees from us in the legal sense. Manufacturer guarantees remain unaffected.

We are not liable for damage caused by non-compliance with the instructions we gave to the client. This also applies in the event that the client does not comply with the operating conditions that may be specified in the documentation relating to products. Furthermore, we are not responsible for the consequences of improperly carried out changes or repair work by the contractual partner or third parties. The same applies to defects that only insignificantly reduce the value or suitability of the goods. If we correct defects for which we are not liable, this elimination of the error must be compensated appropriately.

We are not liable for lost profits, lack of savings and other indirect and direct consequential damages.

Our liability is excluded for insignificant breaches of duty.
The limitation period for all liability claims is one year and begins with the period specified in Section 199 Paragraph 1 BGB. However, it comes into effect at the latest upon expiry of the maximum periods specified in Section 199 Paragraphs 3 and 4 BGB. Claims arising from product liability, injury to life, limb and health, guarantees, fraud and intent are time-barred according to the statutory periods.

Should a provision in these terms and conditions or a provision within the framework of other agreements be or become invalid, this will not affect the effectiveness of all other provisions or agreements. The place of performance and jurisdiction for all disputes arising directly or indirectly from the contractual relationship is Arnsberg for both parties. The law of the Federal Republic of Germany applies to these terms and conditions and the entire legal relationship between the seller and the purchaser, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

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